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SOUTHSTAR III, LLC v. ENTTIENNE

2013-06470

120 A.D.3d 1332 (2014)

992 N.Y.S.2d 548

2014 NY Slip Op 06195

SOUTHSTAR III, LLC, Respondent, v. CAROL ENTTIENNE, Also Known as CAROL ENTIENNE, et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 17, 2014.

Ordered that the order is affirmed insofar as appealed from, with costs.

In April 2008, the plaintiff commenced this action to foreclose a mortgage. The defendants Carol Enttienne and Nicholas Pile (hereinafter together the defendants) failed to timely appear or answer the complaint (see CPLR 320 [a]). In April 2011, the defendants moved to dismiss the complaint insofar as asserted against them on the ground that the plaintiff lacked standing to commence the...

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